logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.12.01 2016고단1844
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On September 5, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Jeju District Court on September 5, 2006, and a person who was sentenced to a summary order of KRW 4 million to a fine for the same crime at the same court on March 27, 2012 and was sentenced to a penalty of at least twice for a violation of the Road Traffic Act (driving).

【Criminal Facts of Crimes】 around 05:55 August 19, 2016, the Defendant driven the C Steti vehicle, one of the Defendant’s wife, under the influence of alcohol 0.062% at the section of approximately 2km from the support comprehensive landscape, which is located in the front of the modern third apartment, which was in front of the modern third apartment, which was in the Jeju-si, in front of the same city building, to the front of the same road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the Defendant committed the instant crime by drinking while driving under drinking even though he/she had a record of being punished twice due to the crime of drinking under the influence of alcohol. In light of the fact that the Defendant committed the instant crime by drinking under the influence of alcohol.

However, the defendant's confession of the crime of this case, not the defendant's immediately driving after drinking, but the defendant was found to have been driven by drinking while driving in order to put the drinking at the time of the preceding night with less drinking time, and the blood alcohol concentration level of the defendant at the time of the crime of this case is not high. The sentencing example in similar cases, the defendant's age, character and behavior, environment, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case are considered.

arrow